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Rael Muyaka & 6 Others V Waitaluk Land Disputes Tribunal Comprising Of Mboto Kidai & 2 Others [2006] EKLR
Case Number: Civil Appeal 354 of 2002	Date Delivered: 13 Oct 2006

Judge: Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, William Shirley Deverell

Court: Court of Appeal at Eldoret

Parties: Rael Muyaka,Helina Nasimiyu,Wasike Murambochi,David Sicharani,Dickson Sabuni,Florence Namalwa & Thomas Shikuku v Waitaluk Land Disputes Tribunal Comprising of Mboto Kidai,Harun Kipsugut & Ezekiel Kessio

Advocates:

Citation: Rael Muyaka & 6 others v Waitaluk Land Disputes Tribunal Comprising of Mboto Kidai & 2 others [2006] eKLR

[Order] Civil Practice and Procedure – appeal – record of appeal – contents of the record of appeal – primary documents which must be included in the record of appeal – appeal against the decision of the High Court on an amended Notice of Motion - appellant having failed to include the Amended Notice of Motion in the record of appeal – appeal court discovering the omission after hearing the appeal and before delivery of judgment – whether the appeal should be struck out - Court of Appeal Rules rule 85(1)

Kenya Co-Operative Creameries Ltd V Fims Ltd [2006] EKLR
Case Number: Civ Appli 170 of 2004	Date Delivered: 13 Oct 2006

Judge: Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, John walter Onyango Otieno

Court: Court of Appeal at Eldoret

Parties: Kenya Co-Operative Creameries Ltd v Fims Ltd

Advocates:

Citation: Kenya Co-Operative Creameries Ltd v Fims Ltd [2006] eKLR

[Ruling] Civil Practice and Procedure – appeal - extension of time – application for extension of time to serve notice of appeal and lodge a record of appeal – reference to the full court of a decision of a single appellate judge – nature of a reference – a reference not an appeal – circumstances in which the full court will interfere with the exercise of discretion by a single judge - Court of Appeal Rules rules 4, 54

Sammy Ngigi Mwaura V John Mbugua Kagai & Another [2006] EKLR
Case Number: Civil Appeal 177 of 2002	Date Delivered: 13 Oct 2006

Judge: Riaga Samuel Cornelius Omolo, John walter Onyango Otieno, William Shirley Deverell

Court: Court of Appeal at Eldoret

Parties: Sammy Ngigi Mwaura v John Mbugua Kagai & Gohil Soap Factory Limited

Advocates:

Citation: Sammy Ngigi Mwaura v John Mbugua Kagai & another [2006] eKLR

Negligence – road traffic accident – claim for general and special damages for loss of expectation of life, lost years, pain and suffering – third party – deceased fatally injured after the tractor he was travelling in collided with a lorry – deceased’s administrator suing only the driver of the tractor – driver and owner of the lorry not named as defendants – lorry owner enjoined as a third party by the tractor driver – High Court finding no liability on the part of the tractor driver – High Court finding that the lorry owner/third party could not properly be adjudged liable as there was no suit between him and the claimant – appeal - whether the High Court’s findings were proper – Civil Procedure Rules Order 1 rule 14(1).

John Wanyonyi Andrea V Republic [2006] EKLR
Case Number: Criminal Appeal 190 of 2005	Date Delivered: 22 Sep 2006

Judge: Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, William Shirley Deverell

Court: Court of Appeal at Eldoret

Parties: John Wanyonyi Andrea v Republic

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Citation: John Wanyonyi Andrea v Republic [2006] eKLR

Peter Edukon V Republic [2006] EKLR
Case Number: Criminal Appeal 186 of 2005	Date Delivered: 22 Sep 2006

Judge: Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, William Shirley Deverell

Court: Court of Appeal at Eldoret

Parties: Peter Edukon v Republic

Advocates:

Citation: Peter Edukon v Republic [2006] eKLR

Sospeter Mwangi V Republic [2006] EKLR
Case Number: Criminal Appeal 164 of 2005	Date Delivered: 22 Sep 2006

Judge: Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, John walter Onyango Otieno

Court: Court of Appeal at Eldoret

Parties: Sospeter Mwangi v Republic

Advocates:

Citation: Sospeter Mwangi v Republic [2006] eKLR

William Ngimero Kebo V Republic [2006] EKLR
Case Number: Criminal Appeal 246 of 2005	Date Delivered: 22 Sep 2006

Judge: Philip Kiptoo Tunoi, Emmanuel Okello O'Kubasu, William Shirley Deverell

Court: Court of Appeal at Eldoret

Parties: William Ngimero Kebo v Republic

Advocates:

Citation: William Ngimero Kebo v Republic [2006] eKLR

Jerusha Wairimu Kamau V Josephat Mburu Mondothi [2006] EKLR
Case Number: Civil Appli Nai 303 of 2005	Date Delivered: 24 Feb 2006

Judge: Emmanuel Okello O'Kubasu

Court: Court of Appeal at Eldoret

Parties: Jerusha Wairimu Kamau v Josephat Mburu Mondothi

Advocates:

Citation: Jerusha Wairimu Kamau v Josephat Mburu Mondothi [2006] eKLR

[RULING] Civil Procedure - extension of time - application for extension of time to file appeal - Court of Appeal Rules rules 4, 76, 81 - discretion of the court in allowing extension of time - matters the court will take into consideration.

Bernard Ochieng Oduor & 2 Others V Republic [2006] EKLR
Case Number: Criminal Appeal 152 of 2004	Date Delivered: 24 Feb 2006

Judge: Riaga Samuel Cornelius Omolo, Emmanuel Okello O'Kubasu, Philip Nyamu Waki

Court: Court of Appeal at Eldoret

Parties: Bernard Ochieng Oduor,Vincent Ayuma Lisuka & Josenta Sylvesta Karanja v Republic

Advocates:

Citation: Bernard Ochieng Oduor & 2 others v Republic [2006] eKLR

Appeal-criminal appeal-robbery with violence-identification parade-principles guiding the conduct of identification parades-application of the doctrine of recent possession-Penal Code, Section 296(2)

Agricultural Finance Corporation V Mark J.S. Kisembe & 2 Others [2006] EKLR
Case Number: Civil Appeal 174 of 2002	Date Delivered: 22 Feb 2006

Judge: Riaga Samuel Cornelius Omolo, Philip Nyamu Waki, John walter Onyango Otieno

Court: Court of Appeal at Eldoret

Parties: Agricultural Finance Corporation v Mark J.S. Kisembe,Ronald Yatich Chelagat & Wycliffe Tabani Wepukhulu

Advocates:

Citation: Agricultural Finance Corporation v Mark J.S. Kisembe & 2 others [2006] eKLR

Appeal-where hearing of the appeal was deferred to await the court’s decision on a related appeal between the same parties on the same subject matter-where the judgment in the earlier appeal was delivered and it determined the issue raised in the present appeal-whether the appeal should be allowed